Ilya Kosten Prevails on Writ in Insurance Case
Partner Ilya Kosten recently obtained a victory on behalf of the firm's insurer client in the Court of Appeal. Companies claiming to have acquired rights to file claims under the insurance policies issued by a Selman Breitman client prevailed in trial court on a summary adjudication motion. They argued in their motion that the terms of the actual agreements purporting to transfer insurance rights to them were irrelevant, but that the transacting parties' present intent should control.
The Court of Appeal granted a writ petition drafted by Mr. Kosten, holding that California law requires courts to determine contracting parties' intent at the time they make their agreements, not their purported intent decades later.